Vested Interest - October 2001 Issue

The President’s Thoughts

After a career in the Supreme Court, as the Mayor of Chicago, and many other years as a politician in Chicago, I wonder if Michael Bilandic ever thought the most historic event in his political career might be the drawing of his name from a stove-pipe hat. This historic event allowed the Democrats to draw the legislative maps for the State of Illinois for the first time in 20 years, unless the Republicans convince the Courts this is not a proper method of drawing a map, despite the fact that they followed this same procedure ten years ago.

As you all know, during the “Contract with America” years of 1994 and 1995, when the Republicans succeeded in taking over both houses of our legislature, the “Contract with America” was better named the “Big Business Protection Program.” What occurred in Springfield to victim’s rights made the shark infested waters of South Carolina look like a friendly place. Caps on damages, medical privacy, worker’s safety, and many other issues were treated with the same compassion by the legislature of 1995 as the unfortunate swimmers off the Atlantic Coast.

Although much of the legislation passed during 1995 was later overturned by the Best decision, worker safety legislation has never been re-instated. With the building of high-rise buildings in Chicago at an all time high, we all know the next under-compensated victim may be coming into existence as we read this column: the children victimized by the bad luck of their parents.

So what does a new legislative map mean? Does it mean the Democrats will automatically take over the House and the Senate? NO. Does it mean legislation will pass giving back the rights to victims they lost in 1995? NO. Does it mean other legislation will be passed holding insurance companies accountable for outrageous conduct in the handling of claims, that sub-standard auto insurance companies can be properly regulated, or that pre-judgment interest can be instituted so that specious delays in the defense of cases are no longer rewarded? NO. Does it mean there finally can be meaningful penalties in workers compensation cases? NO. It means that for the first time in ten years, the victims of Illinois might have a chance. It will never be a level playing field as long as corporations can win the trade of profits for injuries, but victims might have a chance.

This chance will not occur in a vacuum. The simple act of drawing a legislative map does not magically cause the existence of victim’s rights. Petitions will be signed, primary and general elections will occur. As the gatekeepers for victim’s rights, we must be involved. We must support the candidates who support victim’s rights with our time and with our money. This is not a time for complacency. This is not a time to assume everything will be fine now that we will have a fair map. Remember the Republicans lost their map 4 out of 5 elections. A fair map gives a chance of victory, not a victory.

I will be writing a letter to each member of this organization asking for a voluntary contribution to our PAC fund to assist the candidates that support victim’s rights. I know this organization has members with a broad continuum of financial abilities. I hope you will contribute at a level commensurate with your financial ability. Everyone has other financial obligations, but I believe this is a historic moment of which we all must partake.

I attended an ATLA leadership conference in Washington D.C. in the beginning of September. It was an excellent opportunity to hear first hand what George W. and Company are trying to do to victim’s rights at a national level. If this is “compassionate conservatism” I would hate to see “malignant conservatism.” Although he ran his campaign promising a patient’s rights bill, the bill he pushed through the House is nothing more than a parking ticket program for medical malpractice, and this occurred with the AMA on the side of ATLA.

Perhaps the doctors are finding out about the same statistics we have known about for years. Caps have no effect on medical malpractice rates or on the availability of medical care. HMO’s and health insurance companies deny medical care and cut medical fees by as much as 80% and affect both the availability of medical care and profits. The obstruction of medical malpractice claims does nothing more than guarantee profits for insurance companies and empower HMO’s to refuse the referral of patient’s to medical specialists. Why approve an MRI for a patient if you cannot be sued if you don’t. A doctor would not do this, but HMO’s do. Doctors treat patients, HMO’s maximize profits.

Addendum

I authored this article on the weekend prior to the World Trade Center disaster while waiting for an airplane out of Washington D.C. Our lives have all changed in some way and my heart is out to any of you that have lost a friend or loved one as a result of this disaster. This is a tragedy of unmatched proportions, however, I do not believe it is justification to place caps on damages in the name of national security. There are many victims in this tragedy who will never be compensated for their damages and many families who will suffer in the absence of family members.

ATLA has asked that we refrain from filing lawsuits as a result of this disaster, and I pass this along to you if you are unaware of this request. I do not believe it is in the best interest of lawyers to file “headline-making lawsuits” at this time, but I also do not believe the victims should be forgotten.

We stand together for the rights of victims.

Kim E. Presbrey, President
Illinois Trial Lawyers Association